Debated in Parliament on 18 Feb 2014.
Ms Janice Koh asked the Minister for Communications and Information (a) if he will provide an update on the new Arts Classification Framework and proposed Term Licensing Scheme; (b) what are the views and feedback received from artists and arts groups during the consultation process; and (c) what are the challenges of implementing the new framework and scheme.
Madam, I had earlier announced that MDA would be introducing co-regulation for the arts through a Term Licensing Scheme (TLS). This two-tiered scheme will allow arts groups to self-classify performances that fall within the "General" rating under Tier One, while Tier Two licensees will be able to self-classify performances up to the "Restricted 18" rating. It aims to empower arts groups with the responsibility of self-classifying their own performances, while being mindful of community standards and expectations.
To provide for the TLS, the Public Entertainment and Meetings Act (PEMA) will need to be amended. MCI is currently finalising the amendments to the Act. We aim to conduct public consultation on the Amendment Bill in the second quarter of 2014.
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Madam, in preparation for the implementation of the TLS, MDA is reviewing the Arts Classification Framework (ACF) to ensure that the classification guidelines are sufficiently clear when used by arts groups to self-classify their performances. Last year, MDA consulted with various stakeholders, including arts groups and the larger community, including MDA's advisory committees, on both the TLS and the ACF.
On the ACF, both arts groups and community stakeholders asked if the review would result in a tightening or loosening of the content standards. I would like to clarify that the MDA does not, at the onset of a review, unilaterally decide to loosen or tighten the standards. Rather, it aims to calibrate our content standards to reflect the majority view across society, taking into account views from both the arts industry and the public, including parents and consumers.
The consultations on the TLS attracted diverse views. While some arts groups questioned if term licensing would result in self-censorship, other stakeholders, including parents, were concerned that MDA no longer classifying all arts performances might result in a relaxation of standards. It is important for us to remember that the TLS represents the first step towards MDA's co-regulation with the arts industry, taking into account societal norms. It provides an invaluable opportunity for arts groups to partner with MDA to contribute towards an arts scene that is both vibrant and socially responsible.
MDA also received feedback on issues related to the implementation of the TLS raised by arts groups. These included the responsibilities of term licensees vis-a-vis the content assessors, the duration of training hours required, and the consequence of misclassifications.
Ms Koh also asked about the challenges to implementing the TLS and the revised ACF. We envisage that term licensees and their content assessors will need time to familiarise themselves to self-classifying their performance using the ACF. Therefore, in addition to the training which MDA will be providing to all content assessors, MDA will be conducting a pilot of the scheme in the second quarter of 2014 to test the processes and allow arts groups to clarify issues before it is formally launched.
In conclusion, let me reiterate that the TLS is an important step towards a meaningful co-regulatory partnership between MDA and the arts sector, which takes into account our societal norms and values. The active participation of the arts group and feedback from stakeholders will be instrumental in ensuring the
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success of the scheme.
Mdm Speaker, I thank the Minister. I just have two sets of supplementary questions. The first is: classifying content, even with a set of recommended guidelines, relies on some degree of subjective judgement. How does MDA intend to deal with disagreements with an arts group on the appropriate rating for a show? And in the spirit of co-regulation, will the arts groups be given a wider berth to make those judgement calls since they would be the ones who know their audience best?
Secondly, in the event of adverse feedback or a complaint from the public, how will MDA assess whether or not a complaint is warranted and assess whether or not there has actually been a breach in guidelines? What will be the punitive measures and will there be an appeals process or recourse for the arts group in the event there is a difference in opinion?
I thank the Member for those very important questions because these are the sort of questions that I am sure the arts groups are also thinking about.
On the first question as to how do we deal with disagreements, first of all, we will put in place measures to ensure that all the term licensees receive adequate training, so that they can do self-classification with greater confidence. But we recognise that this will take time. So, that is why we have included training and refresher training sessions for content assessors, so that they can get a lot more training hours.
In addition, as I mentioned in my reply, we will first test this scheme through a pilot launch in the second half of this year, so that we can help the arts group to familiarise themselves with the classification standards, yet at the same time allow the MDA to understand better how the scheme will work at the ground and what is the feedback that we can gather from this.
Even after we have formally launched the scheme, our doors are not closed. Both the term licensees and the content assessors can continue to consult MDA if they are not confident about classifying their performances. The most important thing is that when there is disagreement over misclassification or wrong classification, I think we will be reasonable and fair in assessing that decision, because, at the end of the day, we want to allow the industry to move forward rather than to hold it back. So, I will give the assurance to the Member
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that we will be flexible and understand the context by which the misclassification took place.
On the adverse feedback, we are clear that we just cannot take it from one source. As the Member knows, we have the consultative panel that we can fall back on. In any of the performances that we have come across whereby there could be differences of opinion, we consult widely. We are prepared to even consult the arts group because they may have a different point of view. But, finally, we have to make the decision as to whether or not misclassification has taken place or not, and what are the measures that we have to put in place.
As I mentioned earlier, the Bill will be up for consultation. Within the Bill, there will be discussions about what sort of punitive measures are being considered. It is not the intention of MDA to try and penalise every arts group out there. But, as I mentioned in my reply, we want the arts groups to work together with us to ensure a vibrant arts scene, yet at the same time meeting the societal norms and standards. We have to be socially responsible because, at the end of the day, we want to ensure that parents feel comfortable that their children of whatever age, when they attend a performance, the classification that we have given, or given by the arts group, meets the contents standards and the societal norms that we see prevailing in our society.